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Homeschooling Laws

Ok, so I know one of the #1 questions we get is "Where do I start?" and the #1 response? With the laws in your state. Each state has their own rules and requirements. So I thought I'd just start a post where I'll add in an overview of the HS laws in each state.

Please remember, homeschool laws are subject to change. Use this post as a spring board, not legal advice. The laws in your state may have changed since I posted it.

Testing - You may optionally choose to submit to state testing under the home-study option. If you use the nonpublic school option to homeschool there is no testing or portfolio review of any kind.

Required number of educational days per year - 180

Interscholastic Athletics - May participate at the high school level at the discretion of the governing authority. Restrictions apply.

Revised Statutes of Missouri Related to Home Schooling

Sections 162.996, 167.031 through 167.071, and Section 210.167 of the Revised Statutes of Missouri provide the framework for home schooling in Missouri.

Section 162.996Handicapped children attending private, parochial, parish or home schools, districts may provide special educational services--state aid, how calculated.

Special educational services may be offered during the regular school day. Children who attend special educational services in the district and who otherwise attend a private, parochial, parish or home school shall be in compliance with section 167.031.

A public school district shall be entitled to state aid for resident handicapped children who attend special educational services and who otherwise attend private, parochial, parish or home schools. State aid shall be calculated on the basis of full-time equivalent average daily attendance of part-time students as provided in section 163.011.

Nothing in this section shall change the authority of a public school board to set the schedule of classes for full-time or part-time public school pupils including pupils receiving services under this section.

Nothing herein shall be construed to require transportation for these services.

No resident child shall be denied or discriminated against in special educational services offered by a school district on the grounds that the child regularly attends a private, parochial, parish or home school.

Every parent, guardian or other person in this state having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of seven years and the compulsory attendance age for the district is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section. Any parent, guardian or other person who enrolls a child between the ages of five and seven years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of seven years of age and the compulsory attendance age for the district shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term of the school which the child attends; except that:

A child who, to the satisfaction of the superintendent of public schools of the district in which he resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;

A child between fourteen years of age and the compulsory attendance age for the district may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of public schools of the district, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or

A child between five and seven years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls.

As used in sections 167.031 to 167.071, a "home school" is a school, whether incorporated or unincorporated, that:

Has as its primary purpose the provision of private or religious-based instruction;

Enrolls pupils between the ages of seven years and the compulsory attendance age for the district, of which no more than four are unrelated by affinity or consanguinity in the third degree; and

Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction.

As evidence that a child is receiving regular instruction, the parent shall, except as otherwise provided in this subsection:

Maintain the following records:

A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

A portfolio of samples of the child's academic work; and

A record of evaluations of the child's academic progress; or

Other written, or credible evidence equivalent to subparagraphs a., b. and c.; and

Offer at least one thousand hours of instruction, at least six hundred hours of which will be in reading, language arts, mathematics, social studies and science or academic courses that are related to the aforementioned subject areas and consonant with the pupil's age and ability. At least four hundred of the six hundred hours shall occur at the regular home school location.

The requirements of subdivision (2) of this subsection shall not apply to any pupil above the age of sixteen years.

Nothing in this section shall require a private, parochial, parish or home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the state of Missouri shall be prohibited from dictating through rule, regulation or other device any statewide curriculum for private, parochial, parish or home schools.

A school year begins on the first day of July and ends on the thirtieth day of June following.

The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of this section or, in the case of a pupil over the age of sixteen years who attended a metropolitan school district the previous year, a written statement that the pupil is attending home school in compliance with this section shall be a defense to any prosecution under this section and to any charge or action for educational neglect brought pursuant to chapter 210.

As used in sections 167.031 to 167.051, the term "compulsory attendance age for the district" shall mean:

Seventeen years of age for any metropolitan school district for which the school board adopts a resolution to establish such compulsory attendance age; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted; and

Seventeen years of age or having successfully completed sixteen credits towards high school graduation in all other cases. The school board of a metropolitan school district for which the compulsory attendance age is seventeen years may adopt a resolution to lower the compulsory attendance age to sixteen years; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted.

For purposes of subsection 2 of this section as applied in subsection 6 herein, a "completed credit towards high school graduation" shall be defined as one hundred hours or more of instruction in a course. Home school education enforcement and records pursuant to this section, and sections 210.167 and 211.031, shall be subject to review only by the local prosecuting attorney.

Section 167.042 Home school, declaration of enrollment, contents--filing with recorder of deeds or chief school officer--fee.

For the purpose of minimizing unnecessary investigations due to reports of truancy, each parent, guardian, or other person responsible for the child who causes his child to attend regularly a home school may provide to the recorder of deeds of the county where the child legally resides, or to the chief school officer of the public school district where the child legally resides, a signed, written declaration of enrollment stating their intent for the child to attend a home school within thirty days after the establishment of the home school and by September first annually thereafter. The name and age of each child attending the home school, the address and telephone number of the home school, the name of each person teaching in the home school, and the name, address and signature of each person making the declaration of enrollment shall be included in said notice. A declaration of enrollment to provide a home school shall not be cause to investigate violations of section 167.031. The recorder of deeds may charge a service cost of not more than one dollar for each notice filed.

If a school board establishes part-time schools or classes for children under seventeen years of age, lawfully engaged in any regular employment, every parent, guardian or other person having charge, control or custody of such a child shall cause the child to attend the school not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the evening during the school year of the part-time classes.

All children who are under eighteen years of age, who have not completed the elementary school course in the public schools of Missouri, or its equivalent, and who are not attending regularly any day school shall be required to attend regularly the part-time classes not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the afternoon during the entire year of the part-time classes.

Any parent, guardian or other person having charge, control or custody of a child, who violates the provisions of section 167.031 is guilty of a class C misdemeanor. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three public school days, after which each successive school day shall constitute a separate violation of section 167.031. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, if the child is immediately placed and kept in regular attendance at a public, private, parochial, parish or home school and if the fact of regular attendance is proved subsequently to the satisfaction of the court. A certificate stating that the child is regularly attending a public, private, parochial or parish school and properly attested by the superintendent, principal or person in charge of the school is prima facie evidence of regular attendance by the child.

In school districts having seven or more directors the school board may appoint and remove at pleasure one or more school attendance officers and shall pay them from the public school funds.

Each attendance officer has the powers of a deputy sheriff in the performance of his duties. He shall investigate the claims of children for exemptions under section 167.031, and report his findings to the person authorized by that section to grant the exemption sought. He shall refer all cases involving an alleged violation of section 167.031 involving a public school to the superintendent of the public school of the district where the child legally resides and all cases involving an alleged violation of section 167.031 involving a private, parochial, parish or home school to the prosecuting attorney of the county wherein the child legally resides. When reasonable doubt exists as to the age of any such child he may require a properly attested birth certificate or an affidavit stating the child's age, date of birth, physical characteristics and bearing the signature of the child. He may visit and enter any mine, office, factory, workshop, business house, place of amusement, or other place in which children are employed or engaged in any kind of service, or any place or building in which children loiter or idle during school hours; may require a properly attested certificate of the attendance of any child at school; may arrest, without warrant, any truant, or nonattendants or other juvenile disorderly persons, and place them in some school or take them to their homes, or take them to any place of detention provided for neglected children in the county or school district. He shall serve in the cases which he prosecutes without additional fee or compensation. Each attendance officer appointed by a school board shall carry into effect the regulations lawfully prescribed by the board by which he was appointed.

In any urban school district, any metropolitan school district and in school districts having seven or more directors and which are located in a first class county having a charter form of government, any duly commissioned city or county police officer shall be ex officio school attendance officers. Any police officer exercising duties of ex officio school attendance officer need not refer any child apprehended pursuant to the provisions of this section to juvenile court or a juvenile officer, but nothing in this subsection shall be construed to limit the police officer's regular powers and duties as a peace officer.

If an investigation conducted by the division of family services pursuant to section 210.145 reveals that the only basis for action involves a question of an alleged violation of section 167.031, then the local office of the division shall send the report to the school district in which the child resides. The school district shall immediately refer all private, parochial, parish or home school matters to the prosecuting attorney of the county wherein the child legally resides. The school district may refer public school violations of section 167.031 to the prosecuting attorney.

Louisiana Homeschool Laws Help

Home-Study Option

The Homestudy ProgramDOE Requirements and information. Please read the policy information and guidelines here before completing the application located in the following link.

Registered Nonpublic Schools Not Seeking State ApprovalNonpublic schools not seeking State approval must register with the State each year in order to be in compliance with Louisiana's compulsory attendance law (R.S. 17:232 (C) and (D)). The link below contains the information and guidelines for registering.

Nonpublic (Private) Schools Not Seeking State ApprovalSubmit an official, signed letter registering the school year, name of your school, contact information, and total number of students enrolled. You must notify the Department of Education by the thirtieth day after the school session begins. Send only one copy of the letter, and keep a copy for your records. Your registration will be maintained electronically at the Louisiana Department of Education.

Deductions For School Tuition, Home School Educational Expenses, And Public School Educational Expenses in LouisianaThis statute allows an income tax deduction for educational expenses paid during the tax year by a taxpayer for home-schooling children. The deduction is for 50 percent of the actual qualified educational expenses paid for the home-schooling per dependent, limited to $5,000. Qualified educational expenses include amounts paid for the purchase of textbooks and curricula necessary for home-schooling. The total amount of the deduction may not exceed the taxpayer's total taxable income.

New homeschoolers must file a Notice of Intent with both the Maine Department of Education and the local school superintendent by Sept. 1 in order to start at the beginning of the school year. If starting homeschooling in the middle of a school year, a Notice of Intent must be filed within 10 days of withdrawal from school. It is recommended that you mail a return receipt request, for your records.

Each year thereafter, a Subsequent Year Letter (along with assessment results—see below) must be filed with both your local school superintendent and the Maine DOE by Sept. 1.

Download the Notice of Intent and Subsequent Year Letter forms as PDF files below. You may print the forms and complete them by hand, or you may enter the information on your computer, print, and sign.

Notice of Intent (243KB). If your child is a new homeschooler, you must file this form with the Maine DOE and your local school superintendent.

Subsequent Year Letter (257KB). Every year after your child's first year in homeschooling, you must file this form with the Maine DOE and your local superintendent by Sept. 1.

Assessment

Annual assessment results must be submitted by Sept. 1, along with a Subsequent Year Letter, to both the Maine DOE and the local school superintendent's office.

Students must annually submit the results of an assessment from one of the following options:

Results of a standardized achievement test

Results of a test developed by local school officials (must be arranged with school system before school year starts)

Compulsory Attendance Ages: Between 5 and 16." (§ 7-301(a)) A written request for a 1 year exemption from mandatory attendance by a 5 year old may be filed with the local superintendent before the opening of school of the year in which the child becomes 5 years old. The local school system shall approve the request in writing within 5 days. (§ 13A.08.02-2(A)(2 and 3))

• Required Days of Instruction: 180 days (for public schools only). (§ 7-103(a))

• Required Subjects: Regular, thorough instruction in the studies usually taught in the public schools to children of the same age, including "English, math, science, social studies, art, music, health, and physical education. (§ 10.01.01 C(2)). This is presumed to be met by all home schoolers enrolled in a church umbrella.

• Home School Statute: (§ 7-301(a)) Public school attendance is not required for a child who is "otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age. According to these regulations, parents may home school under one of three options:

Option 1: Portfolio Option. This involves supervision by the public school superintendent. The home school must provide regular, thorough instruction in the required subjects (see above list) and meet the following criteria: 1. Such instruction shall be of "sufficient duration to implement the instructional program." 2. The parents must maintain a portfolio including "relevant materials such as instructional materials, reading materials, and examples of the child's writings work sheets, workbooks, creative materials, and tests." 3. The local superintendent may review the portfolio at a mutually agreeable time and place, not more than three times a year. 4. If a local superintendent determines after review of the portfolio that a child "is not receiving a regular, thorough instruction program in conformity" with the regulations, the superintendent shall notify the family of any deficiencies. The family then has 30 days to provide evidence that deficiency is remedied or they will have to cease home schooling. 5. "A local school system may not impose additional requirements for home instruction programs other than those in the regulations." Md. Regs Code tit. 13A, § 10.01.01 F

Option 2: Church Umbrella Option. This does not involve supervision by the public schools. Under this option, the child's "instruction is offered under the supervision of:" 1. A church umbrella, which is a "school or institution offering an educational program operated by a bona-fide church organization." To qualify as a "church umbrella," a church need only: a. send a letter to the state superintendent declaring it is in compliance with the applicable requirements and is responsible for governing and operating the umbrella (§ 09.09.01 C); and b. provide documentation that supports the bona fide church status (either proof from the IRS, or church's articles of incorporation, or evidence of traditional church practices). 2. Also, the church umbrella, must supervise the instruction with: a. pre-enrollment conferences, b. textbooks and lesson plan review, c. an annual visit to the "site of instruction," and d. periodic conferences with parents (phone conferences will satisfy).

Requirements a, b, and c may be satisfied at one time. (§ 10.01.05.A(1)). Many churches have established church umbrellas, enabling home schoolers to avoid supervision by the public school.

Option 3: State Approved School Umbrella Option. Under this option, the child's instruction is offered ... under the supervision of a nonpublic school with a certificate of approval from the State Board of Education. The supervision includes textbooks, lesson materials, and other instructional materials, or equipment to be used by the pupil and assignment of a school-based teacher to assist the home teacher to assist the pupil by issuing progress reports, marking papers, and grading tests. (§ 10.01.05 B)

• Filing and Notices: Parents must file a one-time "Notice of Consent" form prescribed by the State Department of Education at least 15 days before the home instruction program begins (the 15-day requirement is probably unenforceable). (§ 10.01.01.B(1). It does not need to be refiled annually.

Before the beginning of each subsequent school year, parents must verify whether home instruction will continue to the superintendent (Option 1) or to the umbrella (Option 2 or 3). (§ 10.01.01.B(2))

The annual verification can be oral or written. No special form is needed, and no additional information must be supplied.

Parents must notify the county or their umbrella if the child's home school "status" changes during the school year (i.e., if they stop home schooling, or switch from one option to another, or their address changes). (§ 10.01.01.B(3)

An umbrella must annually give the superintendent the names of new, continuing, and non-returning home schooled students whose instruction is (or was) under its supervision. An umbrella must notify the superintendent if a change occurs during the school year in the status of a home schooled student whose instruction is under its supervision. (§ 10.01.05.B and C)

Foreign language: Students must complete 2 units of foreign language or American Sign Language, or 2 units advanced technology education, or successfully complete a state-approved career and technology program.

Electives units: 3 or 1. Notes: 2 units of foreign language or advanced technology ed. and 3 units in electives or 4 units by completing a state-approved career & technology program and 1 unit in electives.

Other units: 1 unit "technology education ... that includes the application of knowledge, tools, and skills to solve practical problems and extend human capabilities." Students must also complete 2 units of foreign language or American Sign Language, or 2 units advanced technology education, or successfully complete a state-approved career and technology program. All students must complete either "75 hours of student service that includes preparation, action, and reflection components and that, at the discretion of the local school system, may begin during the middle grades; or a locally designed program in student service that has been approved by the State Superintendent of Schools."

RESPONSIBILITIES OF SCHOOL AUTHORITIES AND PARENTS

PARENT'S RESPONSIBILITY 1. Give prior notification to school authorities of their home education plan, which equals the local public school's "in thoroughness and efficiency," (Charles);2. Comply with an evaluation program mutually agreed upon by school and parents.

APPROVAL AND EVALUATION

1. School officials may ask for information regarding "qualifications of the parent or parents who will be instructing the children," (Charles) but the parents are not required to have any specific educational credentials. "General Laws c. 71, Sec. 1, provides that teachers shall be 'of competent ability and good morals.'" (Charles)

2. School officials may inquire about subjects the child will study, length of the homeschool year, and hours of instruction in each subject. While school officials may consider hours of instruction in each subject, they may not dictate the manner in which the subjects will be taught. (Charles) In practice this means that parents may calculate hours of instruction based on the manner in which they homeschool, which does not have to replicate the public school's offering, only equal it in "thoroughness and efficiency." Additionally, following a schedule is not an important consideration in a home school where "...the perception and use of time... are different." (Brunelle)

3. School officials may identify teaching materials, but "only to determine subject and grade level… school officials may not... use this access to dictate the manner in which the subjects will be taught." (Charles) The Brunelle Court pointed out that "…some of the most effective curricular materials…may not be tangible. For example, travel, community service, visits to educationally enriching facilities and places, and meeting with various resource people, can provide important learning experiences apart from the four corners of a text or workbook." (Brunelle)

4. School officials and parents should agree on a method of evaluation that may include one of the following approaches: standardized testing, periodic progress report, or dated work samples. (Charles) Home visits may not be required as a condition of approval. (Brunelle)

Compulsory Attendance Ages: 6 by December 31 of that school year to 16 yrs of age.

Required Days of Instruction: None required, but school districts will use the public school's required number of days and hours of instruction time for purposes of comparison, i.e., 180 days; 900 hours at the elementary level and 990 hours at the secondary level.

Required Subjects: Reading, writing, English language and grammar, geography, arithmetic, drawing, music, history and constitution of United States, duties of citizenship, health (including CPR), physical education, and good behavior.

Teacher Qualifications: None.

Standardized Tests: Parents have two choices 1) A parent could submit standardized test results (school officials may insist that a neutral third party administer the test); or, 2) Parents could submit an alternative form of assessment. This typically consists of progress reports, dated work samples, portfolio review, or an assessment by a certified teacher of the parent's choice.

Home School Statute: None.

Alternative Statutes Allowing for Home Schools: Mass. Gen. Laws ch. 76, § 1. A "child who is otherwise being instructed in a manner approved in advance by the superintendent or the school committee."

1. A Supreme Judicial Court of Massachusetts case, Care and Protection of Charles, 399 Mass. 324, 333-34, 504 N.E.2d 592, 598-99 (1987), ruled that parents have a right to educate their children at home, but it must be reconciled with the state interest in the education of its citizenry. According to Care and Protection of Charles, the school committee must give parents an opportunity to explain their home school plan and present witnesses on their behalf. The school has the right to inquire in four areas (this information should be included in a home schooler's initial letter to the school district): a. The school committee may examine the competency of the parents to teach their children, but may not require certification, advanced degrees or college degrees. b. The school committee must have access to textbooks and lesson plans, but "only to determine the types of subjects to be taught and the grade level of the instruction for comparison purposes with the curriculum of the public schools." The school committee or superintendent may "not dictate the manner in which the subjects will be taught." 504 N.E.2d at p. 602. c. Also, information on the number of hours and days (180) of instruction may be requested. d. The school committee may require periodic standardized testing; the school authorities may decide where and with what test testing will be done, "in consultation with the parents." Other means of evaluating the progress of the children, such as progress reports or home visits, may be substituted for the formal testing process, but only "subject to the approval of the parents." 504 N.E.2d at pp. 601-02.

Home visits are unconstitutional if imposed against the parent's objection.

2. In the Matter of Johnna M. Searles, No. 9037CH0017, District Court of the Amesbury Division, Sept. 4, 1990, the Court considered the school district's "request that the [home schooled] child be ordered to enroll in the … public schools pending the approval of a home education program." The Court agreed ruled the child did not have to be in public school while waiting for the school district to approve the home school and that "the interests of all parents are best served if they proceed expeditiously in a serious effort to resolve the matter by agreement." The Court also remarked if an order to put children in school was to be obtained, the school district would first have to prove children were not receiving regular and thorough instruction.

3. If a home school is rejected after seeking approval, the burden of proof shifts to the school authorities to show that the proposed home school instruction fails to equal "in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town." Home education is a "right protected by the Fourteenth Amendment." The object of the statute is "that all children shall be educated, not that they shall be educated in any particular way."

4. Nearly each one of the 481 school districts has different rules for home schools, demonstrating the vagueness of the law.

5. "School committees shall approve a private school when satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town, but shall not withhold such approval on account of religious teaching…." Mass. Gen. Laws ch. 76, § 1

There is no statewide definition for High School Graduation Requirements. Each local school board defines graduation requirements for its district. These vary from district to district. The state considers a graduate to be any student who has met the graduation requirements for his or her local school district.

Important Note: State and Local Graduation requirements are not necessarily the best guideline for homeschoolers to use. They have been included here as a guideline for what a typical public school student would need to complete in order to graduate.

A more important guideline may be the College Entrance requirements for where your student would like to attend college. While colleges have differing requirements, there are many colleges that publish requirements for homeschool graduates.

• Standardized Tests: Children not enrolled in an accredited program or public school "must be assessed using a nationally norm-referenced standardized achievement examination." The test, administration, and location of the test must be agreed to by the district superintendent. (§ 120A.22 subd.11) 1. Minnesota law does not require homeschools that are accredited by a recognized Minnesota accrediting association to administer standardized tests. (§ 120A.22 subd. 11(d)). Accrediting associations such as TEACH or HBGAA are free to set their requirements for standardized testing. 2. Parents who do not meet teacher requirements 2(a), (b), or (c) above must assess their children in subject areas not covered by the test. (§ 120A.22 subd.11(b)) 3. Children who score below the thirtieth percentile, or one full grade below children of the same age, must be evaluated for learning problems. (§ 120A.22 subd.11(c)) 4. The test results do not have to be submitted to the school district.

• Home School Statute: Minn. Stat. Ann.§ 120A.22 subd. 10. 1. "The parent of a child is primarily responsible for assuring that the child acquires knowledge and skills that are essential for effective citizenship." 2. The home instructor must satisfy one of the following six requirements: a. hold a Minnesota teaching license in the field and grade taught, b. or be directly supervised by a licensed teacher, c. or successfully complete a teacher competency exam, d. or provide instruction in a school that is accredited or recognized by the state board, e. or hold a baccalaureate degree, f. or be the parent of a child who is assessed according to procedures in subdivision 11 and the standardized test section below. 3. The parent-instructor must report to the local superintendent the name, date of birth, and address of each child taught by Oct. 1 of each school year. The report must include: a. the name of the instructor and evidence of meeting the requirements of part 2 above, b. if the parent teaches under 2(f) above, a quarterly report of the achievement of each child in the required subjects listed above must also be submitted. 4. Parents must be prepared to document that the required subjects are being taught. This documentation must include class schedules, copies of materials used for instruction and description of method used to assess student achievement indicating that the subjects required are being taught. (§ 120A.24, subd.2)

(3) A parent guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age except under the following circumstances:

(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.

The parent guardian or custodian of a compulsory-school-age child described in this subsection or the parent guardian or custodian of a compulsory-school-age child attending any nonpublic school or the appropriate school official for any or all children attending a nonpublic school shall complete a certificate of enrollment in order to facilitate the administration of this section.

The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:

(i) The name address telephone number and date of birth of the compulsory-school-age child;(ii) The name address and telephone number of the parent guardian or custodian of the compulsory-school-age child;(iii) A simple description of the type of education the compulsory-school-age child is receiving and if the child is enrolled in a nonpublic school the name and address of the school; and(iv) The signature of the parent guardian or custodian of the compulsory-school-age child or for any or all compulsory-school-age child or children attending a nonpublic school the signature of the appropriate school official and the date signed.

The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply after written notice of the noncompliance by the school attendance officer with this subsection within ten (10) days after the notice or be in violation of this section. However in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6) the parent or custodian may at a later date enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.

For the purposes of this subsection a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.

(9) Notwithstanding any provision or implication herein to the contrary it is not the intention of this section to impair the primary right and the obligation of the parent or parents or person or persons in loco parentis to a child to choose the proper education and training for such child and nothing in this section shall ever be construed to grant by implication or otherwise to the State of Mississippi any of its officers agencies or subdivisions any right or authority to control manage supervise or make any suggestion as to the control management or supervision of any private or parochial school or institution for the education or training of children of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant by implication or otherwise any right or authority to any state agency or other entity to control manage supervise provide for or affect the operation management program curriculum admissions policy or discipline of any such school or home instruction program.

Commentary

Parents in Mississippi are required to file an annual Certificate of Non-Public Enrollment with the county's school attendance officer(SAO) by September 15, but if the move to Mississippi occurs after September 15, there is no penalty for late filing, and there is no prohibition of homeschooling for the remainder of the school year.

The same certificate of enrollment is required for children attending ANY non-public school. The certificate must be requested from the county of residence (e.g., in Hinds County, contact the District Attorney's office) or might be available during a local support group's conference. It must include the names and addresses of parents and children involved, dates of birth of the children, and a simple description of the type of education the children are receiving. Keep it to one page. It is not necessary to list types of curriculum or correspondence / umbrella schools. Only list the areas of study in a traditional format. Example:

"Instruction will be given in the following areas, but not limited to, English, history, science, math, P.E., foreign language, and other areas of interest."

There are currently no standardized testing requirements, no portfolio requirements, and no teacher certification requirements for parents; however, the law does define legitimate home schools and other non-public schools as those not operated for the "purpose of avoiding or circumventing the compulsory attendance law."

Age of Attendance

The law in Mississippi governing compulsory school attendance requires a parent, legal guardian or custodian who has legal control or charge of a child age six to seventeen to send the child to school during the entire school year, except under the limited circumstances specified in subsection three (3) of Section 37-13-91. The exceptions include, but are not limited to, sending the child to a state approved, nonpublic, or educating the child at home in an organized educational program. Although in the past, the compulsory school attendance law did not apply to children under the age of six, effective July 1, 2003 a child who enrolls in public kindergarten will follow the same guidelines of the compulsory attendance law.

According to Section 167.031 of the Revised Statutes of Missouri, a parent or guardian of a child, between the ages of seven (7) and seventeen (17) years of age, shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools. Any parent may educate a child at home. The parent does not need a teaching certificate or need to meet any education requirements in order to provide home instruction.

If a parent decides to home school, he or she must offer 1,000 hours of instruction during the school year, with at least 600 hours in the basics, which will be in reading, language arts, mathematics, social studies, and science. At least 400 of the 600 hours shall occur in the home location.

A completed credit towards high school graduation is defined as 100 hours or more of instruction in a course. Home school education enforcement and records pursuant to this section, and sections 210.167 and 211.031, RSMo, shall be subject to review only by the local prosecuting attorney.

A parent who is home schooling a child must maintain the following records:

A plan book, diary, daily log, or other written record indicating the subjects taught and the activities engaged in with the student;

A portfolio containing samples of the student's academic work;

A record of evaluation of the student's academic progress; or

Other written, or credible evidence equivalent to a, b, and c.

The school year is defined as beginning July 1 and ending the next June 30.

Children with disabilities attending a home school program may receive special education services provided by the local school district, in accordance with Section 162.996 of the Revised Statutes of Missouri, and the State Plan for Special Education.

Section 167.042 of the Revised Statutes of Missouri, states that a parent or guardian maynotify the superintendent of schools or the recorder of county deeds, in the county where the child legally resides, of their intent to home school. This is to be done before September 1 annually. Home-schooled students do not register with the Department of Elementary and Secondary Education.

20-5-102. Compulsory enrollment and excuses. (1) Except as provided in subsection
(2), any parent, guardian, or other person who is responsible for the care of any child who is
7 years of age or older prior to the first day of school in any school fiscal year shall cause the
child to be instructed in the program prescribed by the board of public education pursuant to
20-7-111 until the later of the following dates:
(a) the child's 16th birthday;
(b) the date of completion of the work of the 8th grade.
(2) A parent, guardian, or other person shall enroll the child in the school assigned by the
trustees of the district within the first week of the school term or when he establishes
residence in the district unless the child is:
(a) enrolled in a school of another district or state under any of the tuition provisions of this
title;
(b) provided with supervised correspondence study or supervised home study under the
transportation provisions of this title;
(c) excused from compulsory school attendance upon a determination by a district judge that
attendance is not in the best interest of the child;
(d) excused by the board of trustees upon a determination that attendance by a child who
has attained the age of 16 is not in the best interest of the child and the school; or
(e) enrolled in a nonpublic or home school that complies with the provisions of 20-5-109 .
For the purposes of this subsection (e), a home school is the instruction by a parent of his
child, stepchild, or ward in his residence and a nonpublic school includes a parochial, church,
religious, or private school.
20-5-103. Compulsory attendance and excuses. (1) Except as provided in subsection
(2), any parent, guardian, or other person who is responsible for the care of any child who is
7 years of age or older prior to the first day of school in any school fiscal year shall cause the
child to attend the school in which he is enrolled for the school term and each school day
therein prescribed by the trustees of the district until the later of the following dates:
(a) the child's 16th birthday;
(b) the date of completion of the work of the 8th grade.
(2) The provisions of subsection (1) do not apply in the following cases:
(a) The child has been excused under one of the conditions specified in 20-5-102 .
(b) The child is absent because of illness, bereavement, or other reason prescribed by the
policies of the trustees.
(c) The child has been suspended or expelled under the provisions of 20-5-202 .
20-5-104. Attendance officer. In order to enforce the compulsory attendance provisions
of this title, each district shall have at least one person serving as an attendance officer
according to the following requirements:
(1) districts of the first and second class shall employ and appoint one or more attendance
officers;
(2) districts of the third class may employ and appoint an attendance officer or may appoint
a constable or other peace officer as an attendance officer; or
(3) the county superintendent shall be the attendance officer in third-class districts that do not
appoint an attendance officer.
20-5-109. Nonpublic school requirements for compulsory enrollment exemption. To
qualify its students for exemption from compulsory enrollment under 20-5-102 , a nonpublic
or home school:
(1) shall maintain records on pupil attendance and disease immunization and make the records
available to the county superintendent of schools on request;
(2) shall provide at least the minimum aggregate hours of pupil instruction in accordance with
20-1-301 and 20-1-302 ;
(3) must be housed in a building that complies with applicable local health and safety regulations;
(4) shall provide an organized course of study that includes instruction in the subjects required of
public schools as a basic instructional program pursuant to 20-7-111 ; and
(5) in the case of home schools, shall notify the county superintendent of schools, of the county in
which the home school is located, in each school fiscal year of the student's attendance at the
school.
Administrative Rules:
ARM 10.55.901, 10.55.902 and 10.55.904 Basic instructional programs.
20-5-110. School district assessment for placement of a child who enrolls from a
nonaccredited, nonpublic school. The trustees of a school district shall:
(1) adopt a district policy on assessment for placement of any child who enrolls in a school
of the district and whose previous place of instruction was a nonpublic school that is not
accredited;
(2) include in the adopted policy the following provisions:
(a) the specific assessment for placement to be administered to any child subject to the
provisions of subsection (1);
(b) a procedure for grade and program placement of the child based on results of the
assessment for placement, including considerations for the age and identified abilities of the
child; and
(c) a hearing process before the board of trustees of the district if the parent or guardian of a
child is not in agreement with the placement of the child and requests a hearing before the
board; and
(3) administer the adopted policy required in subsection (1) in a uniform and fair manner.
20-5-111. Responsibilities and rights of parent who provides home school -- rights of
child in home school. Subject to the provisions of 20-5-109 , a parent has the authority to
instruct his child, stepchild, or ward in a home school and is solely responsible for:
(1) the educational philosophy of the home school;
(2) the selection of instructional materials, curriculum, and textbooks;
(3) the time, place, and method of instruction; and
(4) the evaluation of the home school instruction.

20-1-301. School fiscal year. (1) The school fiscal year begins on July 1 and ends on June 30. At least the minimum aggregate hours defined in subsection (2) must be conducted during each school fiscal year, except that 1050 aggregate hours of pupil instruction for graduating seniors may be sufficient or a minimum of 360 aggregate hours of pupil instruction must be conducted for a kindergarten program, as provided in 20-7-117.

(2) The minimum aggregate hours required by grade are:

(a) 720 hours for grades 1 through 3; and

(b) 1,080 hours for grades 4 through 12.

Montana

• Compulsory Attendance Ages: Between 7 (prior to the first day of school) and the later of the following dates: the child's 16th birthday; the date of completion of the work of the 8th grade." (§ 20-5-102)

• Required Days of Instruction: 720 hours per year for grades 1-3 and, 1,080 hours per year for grades 4-12. (§ 20-5-109(2) and § 20-1-301)

• Definition of a home school: "...a home school is the instruction by a parent of his child, stepchild or ward in his residence."

• According to § 20-5-109, the home school must: 1. Maintain attendance and immunization records which must be available for inspection by the county superintendent on request; 2. Be in a building that complies with local health and safety regulations (for homes, not schools); 3. Provide at least the minimum aggregate hours of instruction in accordance with § 20-1-301 and § 20-1-302, (§ 20-1-301 prescribes the total number of hour shown above, and § 20-1-302 authorizes the local school district to prescribe the length of the school day); 4. Annually notify the county superintendent of intent to home school; and 5. Provide an organized course of study according to § 20-7-111. The board of public education has the authority to "define and specify the basic instructional program for pupils in public schools." § 20-7-111) 6. Neither the superintendent nor the school board has the authority to approve home schools. 7. In § 20-5-111, the "Responsibilities and Rights of Parents who Provide Home School - Rights of Child in Home School," are specifically described. This section of the Montana Code clearly recognizes the parents as being solely responsible for their children's education. The law states: "Subject to the provisions of § 20-5-109, a parent has the authority to instruct his child, stepchild, or ward in a home school and is solely responsible for: (1). The educational philosophy of the home school; (2). The selection of instructional materials, curriculum, and textbooks; (3). The time, place, and method of instruction; and (4) The evaluation of the home school instruction."

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